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Reasons
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(영문) 인천지방법원 2014.11.13 2014고단5921
폭력행위등처벌에관한법률위반(집단ㆍ흉기등재물손괴등)등
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A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On July 14, 2014, the Defendant violated the Punishment of Violences, etc. Act (a collective action, deadly weapons, etc., damage, etc.) divided the first races into the house of the victim D, i.e., C apartment 303 303 704, in Gyeyang-gu Incheon, Gyeyang-gu, Incheon, on the ground that there was a conflict due to ordinary monetary issues, but, on the ground that there was a conflict due to ordinary monetary issues, the victim was not opening the entrance door and damaged the victim’s property by gathering the wall (a.e., about 30 cm, about 10 cm in length, about 10 cm in thickness, about 10 cm in thickness, about 10 cm in thickness), which is a dangerous thing at the entrance, where the market price cannot be known.

2. The Defendant, at the entrance of the 1st floor of the apartment of Gyeyang-gu Incheon apartment, Gyeyang-gu, Incheon, at the above time, assaulted the victim D (the age of 45) who was living together with the entrance, etc. as above, while returning to the 1st floor of the apartment of the 303-dong apartment of Gyeyang-gu, Incheon.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Application of Acts and subordinate statutes to photographs on damage scenes;

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime, Article 366 of the Criminal Act, and Article 260 (1) of the Criminal Act (the point of assault and the choice of imprisonment) of the same Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Suspension of execution under Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act (Taking into account all the circumstances, such as the fact that part of the amount was deposited, the fact that the defendant was injured due to the reflection of the victim at the time of the instant assault,

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